Walter v. Board of Education

Does a pending mandamus action survive the death of the petitioner?

No.

The plaintiff, a tenured teacher in defendant’s school system, was honorably dismissed at the end of the 1977-78 school year.

On February 28, 1978, plaintiff filed a petition for a writ of mandamus, asking the trial court to declare her dismissal to be in violation of section 24 — 12 of the School Code (Ill. Rev. Stat. 1979, ch. 122, par. 24 — 12) and to issue a writ of mandamus requiring defendant to reinstate her. The petition also sought “any and all actual and compensatory losses and damages” arising out of her…